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Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ...... August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused are e......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......ccused- alibi - mere submission of some papers in support of alibi is not sufficient. The papers should be produced in evidence by witness who must face cross examination on the papers produced. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-R..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......tly interested in any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independent title of their own. Their averments in the application for addition of party disentitle them to be included within the framework of the present suit. That ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......uit for determination of title which is not permissible in law. The appellants may file an application for analogous hearing of Title Suit No. 7 of 1969 with the present suit, if they so desire. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants. MG Rabbani, Senior Adv..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......ich gave rise to the present case. P.W.1, Abdur Rab Talukder is the elder brother of deceased Abdul Hakim. They used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his ev......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......vidence and can reverse the order of acquittal and convert the same into an order of conviction agreeing with the trial court. Case Referred to- Noora Vs. State, PLD 1973 (SC) 4691. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Mainul Hosein, Advoca..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......sult: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers ......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......t the receiving back of the record and the next date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 21 DLR (SC) 382; Swire Mellor VS. Swire, (1885) Ch. D. 239. Lawyers Involved: Shamsul Huq Chowdhury, Senior Advocate, instructed by Shamsul Hoque Siddique..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employees of the Bangladesh Parjatan Co...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......le in this case as this principle has been excluded in the Rule Itself. The appointing authorities have has also the power to reinstate a terminated employee on the merit of his individual case. Lawyers Involved: Akhtar lmam, Advocate (appeared with the leave of the Court) instructed by Sh..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... provision in clause (d) of section 35 of the Ordinance is not intended to be mandatory. The purpose obviously is to save an investigation which had started at the time when there was no time‑limit for its conclusion. Had this provision been intended to be mandatory, the consequence for non‑comp...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... that is, it would have been provided that if the pending investigation is not completed within 90 days, further investigation shall be stopped and the accused, if in custody, shall be released. Lawyers Involved: Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......g him to be an Additional Sessions Judge, consequent upon the change brought in section 290 CrPC and the introduction of section 31 (4) CrPC. He shall not be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......ring appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge. Case Referred to- Nurul Huda Vs. Bahar Uddin & ors, 41 DLR 395. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ...... be recorded in deciding the question of Contempt of Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned Judges of the High Court Division correctly fou......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......p a proceeding for contempt. Case Referred to- Sukhdev Singh Vs. Hon'ble CJ S Teja Singh and the Hon'ble Judges of the Pepsu High Court at Patiala, AIR 1954 Supreme Court 186. Lawyers Involved: MG Bhuiyan, Advocate-on-Record - For the Appellants. Mahbubey Alam, Advo..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......k with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sea......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......In Liquidation)…......Plaintiff Petitioner
Vs.
Mrs. Jahura Khatun & others...................................................Defendants-Opposite Parties.
Judgment
July 23, 1990.
Lawyers Involved:
Habibur Rahman, Advocate ‑ For the Plaintiff.
Mahmudul Islam, Advocate ‑..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......he appeal only to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge shee......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ...... its case. It was incumbent on the appellate court below to decide the appeal on the basis of evidence on record. The order of remand for retrial will cause prejudice to the accused appellants. Lawyers Involved: Amirul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ther issues of fact contained therein were specifically raised in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revision......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......Referred to- Dr. Rezia Khatun Vs. Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 1080 BSCR 457. Lawyers Involved: M H Khandker, Senior Advocate (AJ Mohammad Ali, Advocate with him) instructe..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ...... Result: The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ...... Nagendra Kumar Chy. 52 CWN 72; A Casperz Vs. Kader Nath Sharbadhikari ILR 28 Cal 738; Afzal-Un-Nessa Vs. Abdul Karim ILR 47 Cal 1 (PC); Naba Kumar Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC). Lawyers Involved: M H Khandker, Senior Advocate, Lutfar Rahman Mondal & A J Mohammad Ali, ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......tified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgment. Since the vendor of the plaintiff had knowledge of the......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ...... face of the record in holding that the suit was barred by limitation to justify review of the same. Case Referred to- Sow Chandra Kanta & another Vs. Sheik Habib AIR 1975 SC 1500. Lawyers Involved: MH Khandkar, Senior Advocate, (Abdus Salam Khan, Advocate with him) instructe..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. AIR 1963 (Pat) 353 and PLD 1955 PC 185 cited.........he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......tionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD 1955 PC 185. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Abdur Rahman Bisw..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......e..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surprising...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......te, 22 DLR 244; AIR 1957 All 20; 58 CrLJ 16; AIR 1962 (Mysore) 275; Indukuri Suryanarayana Raju and others Vs. Indukuri Viswanadharaju and others, AIR 1942; Prem Singh Vs. Bhola and another, Criminal Law Journal Vol. IX (1909) 103; Md. Adiluddin Vs. Md. Adiluddin Sheikh and others, 33 DLR 88; Khalil..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......hich prescribes a different period of limitation as provided under Schedule 1 of the Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain read...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ...... 1990 is dismissed. The Limitation Act, 1908 (IX of 1908), Sections 5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of sect..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......ngladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the petitioner.
In hearing of an enquiry the presence of the pe......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......lative of the principles of natural justice and one of the charges i.e. charge No. 3, hardly constituted an offence warranting a penalty………………......(13)
Lawyers Involved:
Lutfar Rahman Majumdar, Advocate ‑For the Petitioner.
Sayyid Shahid Ho..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......l into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral evidence and going into the merit of the cases- Order staying the applications for winding up sine die amounts to rejection of the applications. There was hardly any materials to ......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......pplications for winding up new or continuing causes of action. Cases Referred to- Amin Scales Ltd. & another vs. Md. Yakub, 1987 BLD (AD) 259; Suleka Works Ltd. AIR 1965 (Cal) 98. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Adv..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ...... In a case where a private limited company is a family company it is not at all necessary to produce the script. Here in this case the respondent no 3, brother of respondent no. 2, was holding the aforesaid 1300 shares. It is not at all necessary to produce the same before the respondent No. 2, th......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......d Planters and Traders Ltd. Vs. Md. Mosharraf Hossain Khan & others, 34 DLR 345; M/s. Anath Bandhu Guha and Sons Ltd., 7 PLR (Dac) 159; Messrs Anath Bandhu Guha & Sons Ltd, 7 PLR Dacca; Lawyers Involved: Md. Aminul Haque with A. Mannan Talukder, Advocates ‑For the Petitioner. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......s, because the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent corroboration and Equally there may be cases where the Court may accept the evidence......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......tate, 15 DLR (SC) 7; Abdur Rahman Vs. State, 27 DLR 268; Abdul Jabbar Vs. State 37 DLR 278; Muhammad Zaheer Nadeem Vs. State, PLD 1960 (SC) 51; Som Prakash Vs. State of Delhi, AIR 1974 (SC) 989. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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